Biological Parents Adoption in New Jersey
Are you a biological parent considering adoption? Just as any party who is thinking about moving forward with an adoption, you need the benefit of an experienced attorney who can walk you through the various critical phases of this process and minimize your stress surrounding the situation. Proper compliance with all state laws linked to adoption is extremely important because you must follow all of these laws in order to minimize challenges in your case.
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Before you move forward with an intended adoption, it’s important to consider that you’ve looked at all the legal ramifications and made a decision about what’s right for you. You might need consent from one or more people in order to decide on an adoption.
If you are facing these complex matters in a pending adoption, having the insight provided by a lawyer can go a long way towards giving you peace of mind about this important process. For a couple thinking about putting a baby up for adoption or anyone thinking about adoption a baby, a full understanding of the state laws surrounding this issue should be achieved before beginning the procedures.
Your NJ adoption lawyer is an important advocate for you and your needs as your case moves through the legal stages of consent to adoption or trying to adopt a child.
What is Consent?
One common question that emerges for biological parents has to do with consent to adoption. A biological parent’s rights are some of the most strongly protected across the country. This means that with very rare exceptions, a parent has to consent to the process before a child can be legally put with another family. Whether this is through an agency or an independent adoption, birth parents have to relinquish parental rights for adoption to proceed.
What Happens After the Elimination of Parental Rights?
After parental rights are ended or terminated, the legal connection between the child and the birth parent is officially severed. Parental consent could, in some places, be revoked under very rare circumstances, but it is usually classified as permanent.
If a biological parent consents to adoption, this is their legal agreement to relinquish the child to someone else. This releases all responsibilities and rights. The biological father and mother, so long as the father has established paternity, have the first right of consent for adoption.
All states except a handful, specify when a birth parent can provide consent. Time related rules or waiting periods may be in place. New Jersey follows a waiting period of three days before consent can be executed. Consent for adoption typically occurs when a written notarized statement is completed or the biological parent appears before a judge. Hiring an experienced adoption attorney can help to clarify your responsibilities and the laws surrounding these issues. After a parent gives consent to an adoption, it can be very challenging to go back. There are very limited circumstances that would allow a birth parent to revoke his or her consent to adoption. For example, this can happen in cases involving coercion or fraud, or if the court deems that it is in the best interests of the child to undo the revocation of parental rights.
Consent through coercion or fraud can be revoked in New Jersey and a handful of other states. The right adoption attorney is extremely important for all aspects of managing an adoption through the state of New Jersey. You need to ensure that you have someone committed to working hard on your behalf in order to move forward with these legal claims.
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